Jessica Tata's fate now in jury's hands

Updated 11:02 pm, Monday, November 19, 2012

Photo: Brett Coomer, Houston Chronicle

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Jessica Tata takes a seat in the courtroom during the closing arguments of the punishment phase of her trial Monday, Nov. 19, 2012, in Houston. Tata was convicted of felony murder in the deaths of four toddlers during a fire at her day care in 2011.

Jessica Tata takes a seat in the courtroom during the closing arguments of the punishment phase of her trial Monday, Nov. 19, 2012, in Houston. Tata was convicted of felony murder in the deaths of four toddlers

Jessica Tata, right, sits in the courtroom as her attorney Mike DeGeurin walks past after finishing his closing arguments during the punishment phase of her trial Monday, Nov. 19, 2012, in Houston. Tata was convicted of felony murder in the deaths of four toddlers during a fire at her day care in 2011.

Jessica Tata, right, sits in the courtroom as her attorney Mike DeGeurin walks past after finishing his closing arguments during the punishment phase of her trial Monday, Nov. 19, 2012, in Houston. Tata was

Defense attorney Mike DeGeurin makes his closing arguments in the punishment phase of Jessica Tata's trial Monday, Nov. 19, 2012, in Houston. Tata was convicted of felony murder in the deaths of four toddlers during a fire at her day care in 2011.

Defense attorney Mike DeGeurin makes his closing arguments in the punishment phase of Jessica Tata's trial Monday, Nov. 19, 2012, in Houston. Tata was convicted of felony murder in the deaths of four toddlers

Photos of the young victims of a day care fire are shown on a display board during the closing arguments of the punishment phase of Jessica Tata's trial Monday, Nov. 19, 2012, in Houston. Tata was convicted of felony murder in the deaths of four toddlers during a fire at her day care in 2011.

Photos of the young victims of a day care fire are shown on a display board during the closing arguments of the punishment phase of Jessica Tata's trial Monday, Nov. 19, 2012, in Houston. Tata was convicted of

Keisha Brown, mother of fire victim Elias Castillo, places her head in her hands as she listens to closing arguments during the punishment phase of Jessica Tata's trial Monday, Nov. 19, 2012, in Houston. Tata was convicted of felony murder in the deaths of four toddlers during a fire at her day care in 2011.

Keisha Brown, mother of fire victim Elias Castillo, places her head in her hands as she listens to closing arguments during the punishment phase of Jessica Tata's trial Monday, Nov. 19, 2012, in Houston. Tata

Tiffany Dickerson, mother of fire victims Shomari and Makayla Dickerson, reacts to a video during the closing arguments in the punishment phase of Jessica Tata's trial Monday, Nov. 19, 2012, in Houston. Tata was convicted of felony murder in the deaths of four toddlers during a fire at her day care in 2011.

A 7-year-old girl testified Thursday that Jessica Tata once left sleeping children by themselves at her day care while she went to get take-out food.

A 7-year-old girl testified Thursday that Jessica Tata once left sleeping children by themselves at her day care while she went to get take-out food.

Photo: Nick De La Torre, Staff

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Keisha Brown's testimony left many in the courtroom in tears as she described how she cradled her dead 16-month-old son in her arms at the hospital after the fire at Jessica Tata's day care center. Four children died in the blaze.

Keisha Brown's testimony left many in the courtroom in tears as she described how she cradled her dead 16-month-old son in her arms at the hospital after the fire at Jessica Tata's day care center. Four

Home day care operator Jessica Tata stands before her verdict at the Harris County Criminal Justice Center Tuesday, Nov. 13, 2012, in Houston. Tata was convicted of murder in the death of 16-month-old Elias Castillo, one of four children who died in a fire at her home day care after she left them alone with hot oil on the stove while she shopped at Target. (AP Photo/Houston Chronicle, Johnny Hanson)

Home day care operator Jessica Tata stands before her verdict at the Harris County Criminal Justice Center Tuesday, Nov. 13, 2012, in Houston. Tata was convicted of murder in the death of 16-month-old Elias

A seven year old girl, in a pink striped dress in the middle, leaves Project Court #1 after testifying in the Jessica Tata trial, Thursday, Nov. 15, 2012, in the Harris County Criminal Justice Center in Houston. Jessica Tata is convicted of murder after a fire at her home day care killed four children.

A seven year old girl, in a pink striped dress in the middle, leaves Project Court #1 after testifying in the Jessica Tata trial, Thursday, Nov. 15, 2012, in the Harris County Criminal Justice Center in

Jessica Tata's mother, Missy, leaves the courtroom after her daughter was convicted.

Jessica Tata's mother, Missy, leaves the courtroom after her daughter was convicted.

Photo: Johnny Hanson, Staff

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Rosie Castillo, center, grandmother of 16-month-old day care fire victim, Elias Castillo, is walked out of the courtroom after home day care operator Jessica Tata was found guilty of murder at the Harris County Criminal Justice Center Monday, Nov. 12, 2012, in Houston. Tata was charged after leaving seven children, between the ages of 15 months and 3 years old unattended to go shopping when a fire started in the home that killed four children at a Houston woman's home day care Feb. 24, 2011.

Rosie Castillo, center, grandmother of 16-month-old day care fire victim, Elias Castillo, is walked out of the courtroom after home day care operator Jessica Tata was found guilty of murder at the Harris County

Standing next to her attorney, Mike DeGeurin, home day care operator Jessica Tata did not react as the guilty verdict was read after she was found guilty for the murder of 16-month-old day care fire victim, Elias Castillo at the Harris County Criminal Justice Center Monday, Nov. 12, 2012, in Houston.

Standing next to her attorney, Mike DeGeurin, home day care operator Jessica Tata did not react as the guilty verdict was read after she was found guilty for the murder of 16-month-old day care fire victim,

Next to her attorney Mike DeGeurin, home day care operator Jessica Tata listens to the closing arguments in her murder trial for the death of 16-month-old day care fire victim, Elias Castillo, at the Harris County Criminal Justice Center Monday, Nov. 12, 2012, in Houston. Tata was charged after leaving seven children, between the ages of 15 months and 3 years old unattended to go shopping when a fire started in the home that killed four children at a Houston woman's home day care Feb. 24, 2011. Tata faces up to life in prison if convicted on that charge, though jurors can find her guilty on several lesser counts.

Next to her attorney Mike DeGeurin, home day care operator Jessica Tata listens to the closing arguments in her murder trial for the death of 16-month-old day care fire victim, Elias Castillo, at the Harris

Elias Castillo and mother Keshia Brown, photocopied on Tuesday, March 8, 2011, in Houston. Keshia Brown lost her baby son, Elias Castillo, 16 months, in the recent day care fire.

Elias Castillo and mother Keshia Brown, photocopied on Tuesday, March 8, 2011, in Houston. Keshia Brown lost her baby son, Elias Castillo, 16 months, in the recent day care fire.

Photo: Mayra Beltran, Staff

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Jessica Tata's fate now in jury's hands

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The jury began deliberating Monday how to sentence Jessica Tata, a day care operator found guilty of felony murder last week for the death of one of the toddlers at her west Houston facility..

Sixteen-month-old Elias Castillo and three other children died in the Feb. 24, 2011, fire. Prosecutors said a pot of oil that Tata left on a hot burner started the fire after she left the children alone to go shopping. She faces a penalty of five years to life in prison for the conviction.

'Good loving person'

Closing arguments Monday focused on whether Tata had a calling to care for children and simply made a mistake, or if she selfishly and regularly left kids unattended at her day care.

Both the defense and prosecution played a video taken the day of the fire that showed the day care operator interacting with the toddlers.

Tata's lawyer, Mike DeGeurin, spoke softly and stood behind a table throughout his comments. "She didn't have a private, personal life except with those children," DeGeurin said, holding notes in hand. He explained that those children went everywhere with her, including church.

"Same order as yesterday," he said, echoing Tata in the video instructing the children to load into the van.

"This is something that can't be fixed," DeGeurin said, cautioning the jury against thinking "an excessive sentence" would fix the tragedy. He asked them to focus on Tata's compassion, caring for the children and sometimes helping their parents with rides to work.

"She could've gotten them out if she'd been there, which she promised the parents she would do," DeGeurin said. "But she's also a good loving person."

Deaths 'an inevitability'

Assistant Harris County District Attorney Connie Spence walked to the television screen when she played the video clip, all the jurors turning to watch. She would pause the video to talk about each child caught in the fire that day.

She pointed at a little boy who survived the blaze as he jumps on a door gate fallen to the ground.

"He's going to make the warranty for that product work," she said. Some jury members chuckled and smiled, momentarily breaking the trial's somber mood.

Spence focused on evidence that showed Tata had left the children unattended before, saying the woman was putting her desires ahead of the kids' safety.

"February 24 was not an aberration," she said. "It was an inevitability."